Personal Injury

Chronic Pain/Fibromyalgia

People with chronic pain or fibromyalgia are sometimes treated as if their chronic condition is either imaginary or exaggerated–but in reality, it is an evolving condition in the medical community as it cannot be measured in a traditional diagnostic test.

Lindsay Kenney’s personal injury team recognizes that chronic pain is real. We are experienced in recognizing the symptoms and complaints from our clients and ensuring that you receive the appropriate medical treatment to rehabilitate pain and document the condition so that ICBC or a private insurer properly values the suffering you have endured.

The Supreme Court of Canada has recognized the debilitating effects of chronic pain and fibromyalgia, and the difficulties those suffering endure: “[…] there is no doubt that chronic pain patients are suffering and in distress, and that the disability they experience is real. While there is at this time no clear explanation for chronic pain, recent work on the nervous system suggests that it may result from pathological changes in the nervous mechanisms that result in pain continuing and non-painful stimuli being perceived as painful. These changes, it is believed, may be precipitated by peripheral events, such as an accident, but may persist well beyond the normal recovery time for the precipitating event.”

For more information, refer to: Nova Scotia (Workers’ Compensation Board) v. Martin, 2003 SCC 54, or contact an LK Law lawyer to assist you today.

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